Damages

Charles Lwanga v Centenary Rural Development Bank (Civil Appeal No. 30 of 1999 ) [2000] UGCA 1 (27 March 2000);

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The appellant sued the respondent seeking general damages,
special and exemplary damages for wrongful dismissal, false
arrest, and malicious prosecution. An interlocutory decree was
entered in favour of the appellant for the amount admitted. The

trial judge held inter alia that the appellant did not prove special
damages, and awarded interest at a rate of 6% on the decretal sum
from date of filing of the suit. The present appeal was filed on
grounds that the trial judge errored in failing to award interest
from the date of the appellant’s dismissal to institution of the suit.

Court considered whether it was proper for the trial court to award
interest from date of filing suit till payment in full

Court ruled that in cases of wrongful dismissal, interest runs from
the date of dismissal. In the instant case, the trial Judge did not
decide on the evidence before her whether interest was payable on
the principal sum admitted for the period prior to the institution of
the suit and if so at what rate. She only concerned herself with the
rate of interest for the period from the date of the suit till
payment.. On appeal court awarded interest at a rate of 20% being
the prevailing bank interest rate, to run from the date of the
appellant’s dismissal to the date of the suit.

Court consequently allowed the appeal in part and awarded
interest at 20% per annum from the date of the appellant's
dismissal to date of filing

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